jenna: jon scott said he might come and do it with me. jon: some time. 12 miles in the mud. should be fun. jenna: photos on monday. have a good weekend, everybody. jon: "america live" starts right now. megyn: fox news alert from the campaign trail with a little more than 72 hours until the final presidential debate, and a new pew poll raises the stakes for the big face off on monday. welcome to "america live," i'm megyn kelly. 72 hours we will be broadcasting live from the site of the final presidential debate in boca raton, florida. the pew research center releases a new poll showing governor mitt romney slowing a huge gap over the past few weeks picking up 11 points on the issue of foreign policy. who would make good decision -gs. good decisions. and foreign policy is the focus of that final debate. chris style wart is our fox news

digital analyst and host of fox news. the lead president obama had has plummeted 11 points. he had a 15-point advantage in this department in september, and now take a look at it. it is a four-point advantage for him. is that all because of libya? >> well, it would certainly seem to be that way, and it's a double problem for the president, one, there is the basic fact, and the fact that the administration was hoping to avoid with their public response, which was being held accountable for whatever failures at whatever level lead to this successful attack by islamists militants on a u.s. outpost on the anniversary of september 11th. that was never going to be a good thing or help the president's status on foreign policy with voters. and the handling of it, it has continued even until yesterday on the daily show with jon

stewart the president continues to have trouble explaining what happened and explaining how he managed to talk about this in the way that he did. so, yeah, you'd have to say that libya is at the heart of that big drop. megyn: it's amazing what a difference that issue is starting to have in this election, because the same polling group did a poll on foreign policy about a week ago and asked about everything from china, to iran, to egypt, and let me just give you some of the numbers. it shows the two candidates about deadlocked on who would better handle iran. a slight edge for the president when it comes to who would handle egypt better. slowed a slight edge -- stronger edge to romney and who would handle china better and get tough on trade with china the issue of libya seems to be the thing that narrowed this gap from 11-point advantage to barack obama to 4-point advantage. while it was somewhat of a debacle the other night, one person said one and the other person challenged back and forth

and the moderator tried to stop it and everyone wound up confused at the end they will have a whole 90 minutes to discuss libya and other issues on monday. >> instead of the moderator moving on bob scheffer is going to be expected to get to the bottom of it and ask the president a lot of questions. the president has one response, which is to accuse mitt romney of political opportunism for the libya attack and politicize the issue. that is one note that you can sound in a debate. on foreign policy the president will have to answer questions who knew what when, how high up in the administration, how come nobody caught this? how come they were not prepared. how come requests for additional security were denied. how come when it became to be known that there were al-qaida elements involved and a platte involved that it wasn't said publicly. they will have to answer all those questions, that's not

where he'd thought he would be. he thought he would be talking about how great it was that osama bin laden is dead. megyn: a message he is now taking out of his campaign trail remarks, about how al-qaida is on the run and osama bin laden is dead. that is one of his main points and that's been removed in the past week or so, and didn't go without notice by the presents corp. i want to ask you about the interview he gave to comedy central. obviously he's trying to appeal to younger voters. sooner or later you have to sit down and talk to the american people through the press corp or through presidential debate mod raeurt i gues moderate err i guess about what happened. how did we become victim to this terrorist attack on 9/11 and why have the stories been so disparate about what happened? the president, since this has all happened he's gone on "the view" "letterman" some radio show called "pimp with the limp" and he did to his credit also go

on "60 minutes" although they didn't get that deep into it and that was early on in the game. is this it, monday night, is this the time when we are finally hoping to get a robust back and forth with the president himself on this issue? >> i believe he's also doing "us weekly.. "the pimp with the limp i don't believe asked about this. it's obvious candidates want to seek out safe space to do interviews. it's very logical. the problem is when you are the incumbent you have to remember those things. and i'm sure that the jon stewart interview was on the schedule. to go on "comedy central" and do that was on the schedule for a longtime, as you said it exit's younger voters, liberals who watch the show and all that kind of stuff. at a certain point have you to wonder if you're the chicago champagne if you have to advise

the president we have to pull back on this warm and fuzzy stuff. even when you're doing letterman or whoopi goldberg and jon stewart, even when you're doing those things you're complicating your situation and it continues to look to americans like you're not being as serious about something that they are very concerned about as they would like their commander-in-chief to be. megyn: chris stirewalt, thank you sir. >> yes, ma'am. megyn: the president has aggressively defended the administration's handling of the attack in libya in recent days, most moat plea at this week's debate when he had a heated exchange at governor romney, the president saying he called this terror from day one. >> you said in the rose garden the day after the attack it was an act of terror it was not a spontaneous demonstration, is that what you're saying. >> please proceed, governor. >> i want to make sure we get that for the record because it took the president 14 days before he called the attack in benghazi an act of terror. >> get the transcript. megyn: well the same day that the president commented on the libya attack in remarks he delivered from the rose garden

the president took off for las vegas where he took part in a campaign event and he said this. >> i want to begin tonight by just saying a few words about a tough day that we've had today. you know, we lost four americans last night who were killed when they were attacked at a diplomatic post in libya. megyn: there are questions about whether those are the types of remarks in a campaign setting in vegas that we would have expected from our president on the day that he now says he knew we were subjected to a terror attack. next hour we're going to speak with former bush white house secretary dana perino and ask her about that decision and how that is playing in this presidential campaign.

with 18 days until voters head to the polls you any tensions would be high and they are. but the campaigns put aside the battle for a couple of hours last night to have truly funny moments with each other and themselves. i mean some of these things were a laugh-riot these comments. john roberts is in our new york bureau with some of the highlights from this year's al smith dinner. >> it's a tradition for the presidential candidates to attend the al smith dinner for catholic charities. set aside the campaign to raise money and a little bit of comedy. the candidates poked fun at themselves with that first debate performance really at the center of that. >> it turns out millions of americans focused in on the second debate who didn't focus in on the first debate, and i happen to be one of them. [laughter] >> people seem to be very curious as to how we prepare for the debates. let me tell you what i do. first, refrain from alcohol for

65 years before the debate. [laughter] second, find the biggest available straw man and then just mess leslie attack it. big bird didn't even see it coming. [laughter] >> i learned that there are worst things that can happen to you on your anniversary than for getting to buy a gift. >> i was actually hoping the president would bring joe biden along this evening because he'll laugh at anything. [laughter] >> there were some moments where the humor got a little bit of -- a little bit biting. it seemed the campaign came right into the room, listen here. >> don't be surprised if the president mentions this evening the monthly jobs report where there was a slight improvement in the numbers. he knows how to seize the moment, this president. and already has a compelling new campaign slogan. you're better off now than you were four weeks ago. [laughter] >> the unemployment rate is at its lowest level since i took office. i don't have a joke here, i just thought it would be useful to remind everybody.

[laughter] >> as president obama surveys the waldorf banquet room with everybody in white tie and fine reyou have to wonder what he's thinking. so little time, so much to redistribute. [laughter] >> after some of you guys remember after my foreign trip in 2008 i was attacked as a celebrity because i was so popular with our allies overseas, and i have to say i'm impressed with how well governor romney has avoided that problem. [laughter] >> perhaps channeling last night president obama in the stump in fairfax, virginia today, george mason university came up with a new way to describe what he says are governor romney's shifting positions on the issues. he labeled it romnesia, simply byee hrebting barack obama to a second term. right in the middle of bike toberfest, mitt romney is going to accuse the president that he has nothing that appears to

resemble an agenda for a second term. those will be the last campaign appearances, then it's a two-week mad dash until election day. megyn: that is a fun event to watch. thank you. also from the campaigns today a tale of two interviews as governor romney's wife sits down with the ladies of "the view" and gets different questions than what the obamas faced a few weeks back. we'll show you. new questions about the obama administration and what they told us about libya. the questions come after we get new details on what the cia chief in libya reportedly told washington just 24 hours after the terror attack that killed four americans. keep in mind the white house is blaming intel sources. now we know reportedly what the cia intel chief said. we'll tell you. and a heart-warming story to end the week when a autistic girl gets the chance to sing with her hero. ♪ singing]

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megyn: the "associated press" dropped a small libya bombshell today reporting that the cia station chief in libya told washington, quote, there was no protest, within 24 hours of the terror attack in benghazi. the cia station chief in libya told washington that there was no protest. that raises a whole new round of questions about why the administration went out with the story blaming an internet video and the protest there over for the murder of four americans. joining me now alan colmes, the host of the alan colmes show and mike gallagher who is a syndicated radio host and a fox news contributor. let's put this in perspective. we have the state department saying we knew it was terror. we have the administration saying intel sources told us it was about a video. we now have -- we already had

leaks that some intel sources said, no it's terror, but we didn't know whether somebody higher up in intel was telling the government that it was about a video. now we hear from the cia station chief in libya was saying terror. the stories are socon tphreubgting it's verso so conflicting. it's hard to keep straight. where are we on the eve of this information. >> on the eve of this third and final presidential debate which will be centered on foreign policy americans are well aware that we have a foreign policy disaster, a scandal, a huge controversy, if you will. i mean if you were scripting this out from a political standpoint it couldn't come at a better time for governor romney, who next week is going to have an opportunity to hone in on this like a laser. alan is not going to like this much but i swear this feels like devine intervention. it almost feels other worldly that the stars are aligning in such a way that this is playing out that the american people are

being exposed, as you said by a bombshell announced today, megyn, day after day, benghazi has been one big bombshell and president obama is going to be very hardpressed to try to explain this one away during the foreign policy debate. this is a full-fledged bonafide scandal, and this couldn't come at a worse time for the president. megyn: alan, the president on comedy central last night said every piece of information we got as we got it we laid it out to the american people. >> right i agree. megyn: if he was told within 24 hours the administration was that there was evidence this was carried out by militants and not a spontaneous mob, why didn't we know that? why was the message on that sunday all about the video? >> because there was conflicting evidence that came out simultaneously. megyn: why weren't we told that? we were told, we were focused on the video. nobody was saying this was a terrorist mob. >> it was both. we got both pieces of information. it looks like we are playing politics here with some people saying on the right, it was the

video, you're just saying it was the video. and, for example, let me tell you the david kirkpatrick reported in "the new york times" earlier this week he said the libyans who witnessed the assault and know the attackers there is little doubt what occurred he said. a well-known group of local islamist militants struck without any warning protesting and in retaliation for the video. that was one piece of information. megyn: the president of libya was on the sunday shows the same day susan rice was there saying this was a ter terrorist attack. and she said he doesn't have the same information we do. >> because there were conflicting pieces of information. intelligence doesn't come from one source. we have different intelligence groups and a number of different pieces of information came out simultaneously and people are using this like my friend here for political purposes, which is outrageous. >> why not present the conflict, alan. >> they did.

>> why only present one side. megyn: let mike finish his point. >> please, the trouble is you can take the obama tack alan that this is just being political. >> it is. >> this is all politics. you better believe it. we are in the final weeks of a major, major election, and you know what, the american people, the reason gallup is now showing governor romney with a 7 point lead oef your guy, alan is because the american people aren't dumb. we are able to absorb that this conflict was not presented by the obama administration, and when you've got susan rice being chased down the hallways of reagan national by a fox news crew because she doesn't want to answer the question you've got a bad situation. megyn situation. >> you're mentioning the gallup poll, there are three other polls that have obama ahead. it's nice to pic cherry pick. the libya moment in the debate the other night was a very bad moment for mitt romney where he got the facts wrong, because they are trying to make the case that the obama administration

didn't want to say it was terror as if they don't want to admit that terror could happen on their watch when in fact for terror was not mentioned just in the rose garden but the day after in a speech in denver. romney got the it wrong. it was his first moment of the last debate. >> dee dee vine intervention, alan, i'm telling you the stars are lining up. megyn: there may be some hysteria here. alan do you deny that the message this administration was sending us in the first week after this attack was that this was about anger, sparked by a video that bashed the prophet muhammad? >> i maintain that the administration told us what it knew at the time, based on conflicting reports. megyn: why didn't they tell us that it was conducted by militants who were not upset about a video but who were unleashing a terror attack which was one of the streams of information they were receiving. >> the president actually mentioned terror on two successive days after september 11th. megyn: they were getting information that there was a militant terror attack underway

that didn't have anything to do with the video. >> i don't think you rush to judgment like mitt romney does until you have all your duck nasa row. mitt romney immediately even before we knew about the death of the ambassador said we were siding with people who wanted to do us and meant us harm. he should be embarrassed by this and the people on the right are trying to use this for political purposes in the middle of an election season rather than gather together to do what is best for the security of the country. >> it's great spin, alan. >> no spin. >> i would argue that you pretending. >> i'm not pretending. >> that this is in fact a political mood all -- >> listen to your own words, it's devine intervention for romney. megyn: let him finish your point. >> you're presenting our best argument that the obama administration was not truthful to the american people. it sounds a little bit like watergate. >> this is like watergate. megyn: i've got to go. >> nobody died at watergate. nobody died in wate watergate.

megyn: some good news for the little girl who was shot in the head by the tal been for wanting ttaliban for wanting to go to school. ♪

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now getting involved in an investigation of possible voter fraud. dozens of people accused of casting ballots in two different states ph a previous election with police now looking closer at two key cases. steve harrigan live in our miami bureau with more. steve. >> reporter: the original number in this case was 36. that was brought to florida state officials by a watchdog organization that claim that the 34 people vote ned florida and in a second state at the same time in a previous federal election. out of those 34 cases so far

state officials have found enough evidence in two of them to pass them onto law enforcement but they will continue to review the other 34 cases. there are concerns about the state of florida as a potential site for double voting. for one thing it is a place where people have second homes and absentee balloting could enable them to vote in other places, the main reason being there is no national database of voter registration. florida unlike many other states doesn't participate in regional information sharing with other states. so it's hard to cross check if you're registered to vote in florida whether or not you could be registered in another state to vote at the same time. megyn. megyn: thank you. more than 40 years after the manson family staged a murder spree that shocked a nation we today have a developing story in los angeles about a whole series of unsolved killings that may be tracked back to charlie manson's family. and governor romney's wife ann sits down with the ladies of "the view" and gets different

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megyn: we are following some developing political news from the swing states at this hour. scott rasmussen releasing some of the first battleground polls after last tuesday night's political debate. we'll show you how they are break being in the states like missouri, north carolina and virginia and florida, critical states in the presidential election. we have the breaking news when scott rasmussen joins us in a bit. two eye-opening interviews in the final weeks of the 2012 presidential campaign. governor romney's wife ann appeared on abc's "the view" yesterday. after settling in and a bit of chit-chat the ladies started grilling thr-s romney on

everythinmrs. romney on everything from her morm faith and her husband's lack of military service to probation. here is her first answer. >> we've been talking primarily about the women's issues. one of the things with your husband, when he was governor he was pro-choice, and now is against abortion except in the case of rape and incest and the life of the mother. i wonder where your views are? were you the same way when he was a governor? have you changed? i'm sure you've had discussions about this. >> you know, the good news is i'm not running for office, and i don't have to say that i feel. but i am pro-life, i'm happy to say that. mitt has always been a pro-life person, he ran as pro-choice, but when a -- >> plain thaexplain that to me. >> when a decision came across his desk to use embryos for

research. >> stem cell research. >> he could not have on his conscience creating human life for experimentation. that's when he came out with an editorial that he was pro-life. we have to all understand that this is an issue that is so tender and there are people on both sides of the issue that have -- with very good consciencess, come with a different opinion and i think the most important thing we can do is have respect for each other. megyn: compare that question there to the first question posed to the obamas on the same show late last month. >> we have been accused of being sharp tongue so we're going to start off very gentle. >> okay. >> and then we'll work our way up or down. you are about to celebrate your 20th wedding anniversary. [applause] >> october 3rd. >> thank you. megyn: mary katherine ham is editor at large of "hot air.com

and a fox news contributor. sally cohen is also a fox news contributor. there is no disparity there at all is there mary kathrine? >> i don't think it's that surprising that a republican would go into more of an ultimate fighting championship on the view and the president would get kid gloves. i think they missed an opportunity. they had the sitting president with them in the wake of a terrorist attack on the 9/11 anniversary that killed four americans and they didn't grill him very hard on that. ann romney got quite the grilling. i think she was ready for that and knew that was the case. she came off poised. waop pea goldberg came out with her with an ignorant ill informed assertion about mormonism, and she was able to explain about mormon's service in the military and 18,000 of them serving. megyn: we'll play that in a moment. they tk ask president obama about libya.

joe behar asked if it was terrorism. he made news designing to say it was terrorism. did you watch the segment? because they grilled her pretty tough. >> if this is grilling i don't think anybody has been to a barbecue. i thought -- megyn: for a first lady, sally, do you think they would have done that to michelle obama? >> first of all they were prepared to have mitt romney come and he backed out. megyn: she is not mitt romney. >> second of all, they led with a cover question then moved onto talking about things like costco and when she and mitt fell in lover leon. they started out as is appropriate. the reason the romney campaign wants to go on the view at all is because they reach a female audience that the campaign is having a hard time reaching. he has been all over the place on abortion rights. very hard -- even republican women are put off by have some of his positions. it was appropriate for them to ask, they asked and gave the her space to answer. megyn: they asked about her views, her views and she says i'm not the one running for

office. you tell me, mary kathrine if michelle obama had been sitting there by herself would they have gone after her anywhere close to the way they went off ann romney? >> i don't think that is likely. i think it would be a controversy if someone had gone after michelle obama with some of those questions. there was a long discussion about military service. and it was tough on ann romney and i think she with us prepared for that and handled it in a way where she came off poised in the waop pea goldberg exchange she came off as the classy one. megyn: let's play that. take a look at whoopi goldberg questioning ann romney watch this. >> as first lady, if you get the job it's going to entail a lot of things, and one of those things is going to be talking to the mothers whose children are coming home in bags, you know, from wars. now i believe that your religion doesn't allow you to go

fight -- >> no, that's not correct. >> okay, so -- >> we have many, many members of our faith that are serving in the armed services. >> okay. um, well i say that because when i read about your husband, what i had read, and maybe you can correct this. is that the reason that he didn't serve in vietnam was because it was against the religion. >> no. >> that's what i read. >> no, that's not correct. he was -- he was serving his mission, and you know my five sons have also served missions. none served in the military but i do have one son that feels that he's giving back to his country in a significant way where he is now a doctor and taking care of veterans. so, you know, we find different ways of serving. megyn: sally, your thoughts on that. >> it was painful and awful. i don't think whoopi goldberg is going to be winning any fact checking journalists award. she is a comedian.

it was a really embarrassing moment, she has to answer for it. i think ann romney handled it artfully, frankly. but, you know, the reality of the discussions overall in trying to talk about this comparison is look conservatives seem to be very happy that the ladies of the view grilled president obama enough to get this supposed statement about libya that they've been playing. megyn: did they ask obama why he never served? did she ask president obama why he never served in the military? >> like i said i'm not going to excuse that question. it was bizarre, inappropriate, wrong, offensive. megyn: there is a question about whether it was a back door means of mentioning mormonism and questioning the faith. >> i think she probably owes them an apology, oops i got my facts wrong and i didn't mean to do that. it's right that help don't care about the fact that obama didn't serve. it will be interesting in there is a republican in office again that suddenly that will be a big deal again. the president has to deal with the same disparities that they allege that mitt romney would

have to deal with and they are perfectly capable of doing that. the other thing would i say is that the view does serve a female audience. one of the ways it could serve that audience that it lost an opportunity is to ask ann romney about her battle with breast cancer, during breast cancer awareness month in october. that seems a fairly obvious question. they decided to go down all of these roads instead of having that discussion with her which i think would have served their female audience. megyn: as someone who is a vocal advocate for the left is that kind of interrogation by whoopi goldberg to ann romney, her husband is the one running, she is married to him. does that make her look bad and by extension in the minds of some people progressives look bad? like this is what progressives are about raising the mormon issues and suggesting they don't serve when we have tens of thousands of mormons serving in the armed services and always have. and question why mitt romney and the five sons haven't served as opposed to why didn't barack obama serve. tens of millions of very good americans choose to the to join the military.

>> that is exactly right. whatever, there are progressives around the country right now that are throwing away their whoopi goldberg fan cards. she needs to apologize for the question. it was inappropriate, wrong. but look, i think ann romney handled herself brilliantly and beautifully in this interview. i think mary kathrine is exactly right, they could have asked questions they didn't ask, they gave her a lot of time to talk about her early relationship with mitt romney which sweet and tender. they talked about costco, the family dinners. it was also a puffy interview, come on. megyn: when you go on the view and you're running for office there are going to be some of those questions. thank you so much. coming up a doctor in a key swing state trying to rally colleagues and voters against president obama's healthcare law. the unique way in which he is doing it and what he wants people to know before they head to the polls on election day, next.

they may decide some opt out of insurance. that's an additional doctor shortage i. maintain and this doctor is maintaining too it's not just about how many physicians there are in the workforce it's about whether these physicians can work with obamacare or not. and i think many can't.

megyn: he talked about how it subject jew gates the doctor's judgment and his livelihood into bureaucrat particular authority. that is a charge the president denies. he talks about that board that is going to over sea certain payments and he says look there is not going to be any rationing that is put right into the law. doctors are still going to have the freedom to make decisions as they did before. >> let's talk about that megyn. first of all everyone knows in the insurance business that what medicare does, privates follow. if medicare decides not to cover something generally private insurers don't cover it either. that board, the independent payment advisory board of medicare, 15 bureaucrats, nonpracticing physicians is going to say one treatment is better than another. that new treatment hasn't been proven yet but it may be state of the art, it may be genetic, biotechnology, but it hasn't been proven yet. once they say they don't want medicare to cover it nobody will cover it and people will be hurt

for it. what the doctor is referring to is if a physician wants to order a treatment and recommends it to a patient but insurance doesn't cover it the doctor is still responsible. the doctor is still liable if anything goes wrong, not the insurance company. x doctors are in a terrible position under this law. we are still liable, legally liable but we can't answer offer the treatments we want. megyn: this guy came out and said, look, i put my name on this and several other -- dozens of doctors came forward and said i want to put my name on it and more are signing onto put their names on it in ohio, because our patients know us, and we are willing to go on the record with this and say this is who we are and this is how we feel. and he feels like this could make a difference in ohio in this presidential election, because as mitt romney has been saying, as the republicans have been saying this is the last chance for those who want to see obamacare dialed back or repealed and replace towed do so, this presidential election. do you think that the president, and those who support the laws are under estimating the distain that many doctors have for it?

>> yes. the jackson health survey just said that 5/5% of doctors are planning on voting for romney. traditionally it's not like that, there is an even split, democrat and republican. that is happening because we are worried that we don't have enough choices under obamacare that there are too many regulations. with more choice we can choose, i want to accept this insurance, i don't want to accept this insurance. here is the most important reason the president is under estimating doctors, doctors are tied to an even larger group known as patients and patients want their doctors to be happy. they want their doctors to be accessible. if their doctors are in trouble patients are in trouble. megyn: here in new york this is a very liberal town, and the doctors here tend to be liberal too, i mean that is just the nature of new york city. more and more you see folks coming out with op eds or antidote tally talking about obamacare when you go for your visits whatever it is. you tell me what your impression is talking, you're in the industry, you're a very highly

respected doctors. what is the buzz on obamacare among the doctors. >> the buzz is that people can't sustain private practice and continue to take this kind of insurance, either they become cash only, or they join large hospital groups, a big umbrella like langcom medical center. unless you're in a group where you have access to a major medical university medical center you may be left out in the rain. in rural areas of this country people get care by network doctors if private practice. this law makes it very difficult for doctors to function that way. megyn: it seems that is a trend we were seeing before where more and more doctors were going to a cash only office where they used to take insurance and new they don't and now it's like if you want to see these great doctors you better praoeb paired to pay cash. >> you know, megyn that is a great point. we've had debates on this show about this exact issue. i want to emphasize that.

it's not all obamacare's fault. it started before. this underestimated the problem, this law and made it a lot worse. doctors who were already thinking of dropping out of insurance are definitely going to do so now if they can. megyn: we shall she if this is a game-changer in ohio. >> i think it maybe. megyn: president obama was questioned about the benge arterror attacks last night while appearing on comedy central after talking about it on the view and on letterman and dana perino will talk about it today when she joins us to discuss libya, leadership and what she calls a message problem for the white house. plus could charles manson and his followers be responsible for a string of unsolved murders? we are live in los angeles with the dramatic new twist to a horrifying crime saga. ♪ health tere s saga.

megyn: it's been more than 40 years since charles manson and his followers staged a murder spree that shocked an entire nation. we have breaking news from los angeles about a whole series of unsolved killings that may be tracked back to the so-called manson family. trace gallagher live in l.a. with more. trace. >> reporter: megyn, the police want these audio tapes that date back 43 years because they believe those tapes may hold answers that they have been looking for for a very longtime. here is the set up which is fascinating. august 6th 1969, sharon tate the actress who was eight and a half months pregnant married to roman pa lan ski was killed inside her home along with four others from the manson family. the word pig was written in blood on the wall. the very next night about 12 miles away in los feliz which

is also in los angeles there was another murder. rows ph-r reand leno louisiana bianca was killed by manson followers. in that vicinity in the very same timeframe there were a dozen other murders and police believe the manson family may have been behind some of those. a man named charles tex watson, one of the manson family followers had a conversation with his lawyer back in 1969. he was convicted of murder. those tapes, hours of them, were then sealed, but a bankruptcy court, because that firm, the lawyer who died later, was in bankruptcy, the bankruptcy judge gave the l.a.p.d. permission to review the tapes. but then watson appealed. he appealed that and he won. police tried to get a warrant but the judge said there wasn't enough reason for them to turn these tapes back over, so they were not released. now police believe inside those conversations that something tex

watson wants to hide could be indications of what the manson family was doing about that time, and could lead them to very important details about these unsolved murders around the los angeles area, megyn. megyn: wow. that is incredible. trace, thank you. well big news today from the pollster who got this shout out from larry sabato on fox & friends. >> first of all, look at the averages, all right it's really important to look at the averages. every poll is wrong some of the time for statistical reasons only that's why we look at averages. i would say on the whole rasmussen is closer to the mark here than gallup is. megyn: in three minutes the man he just spoke about scott rasmussen will be here with a big story. the first battleground state polls taken after tuesday night's presidential debate. big news breaking in washington moments ago where our james rosen just got his hands-on a stunning pile of letters and cables from our murdered ambassador chris stevens warning

of his fears and saying violence is about to worse even, and wait until you hear the details and hear about what state was telling him about increased security and their refusal to provide it.

megyn: fox news alert. moment ago we started getting details from a pile of document from the state department on security in libya in the weeks and months leading up to the terrorist attack that took the lives of four americans and they chock full of information. james rosen will be here in moment to bring you the full details. the document reveal that our u.s. ambassador chris stevens was increasingly worried about security threats in the weeks before he and three others were killed on 9/11 of this year. we knew that from the diary cnn found in the wake of his murder. but we are learning more about

his pleas for help from washington. the requests were repeatedly denied in the months leading up to his murder. the document show the security officers repeatedly sound alarms to their superiors in washington about the intensifying lawlessness and violence in eastern libya calling out groups affiliated with al qaeda, saying they were becoming more organized and becoming more threatening and talking about the frustrating responses they were getting from state, in particular from the diplomatic security folks at state who are advising that they were not going to provide more than 3 agents over the long term and talking about how insufficient that was and how that would lead to trouble and turmoil in libya. this is well in advance of the two attacks. one that took place in april, one that took place in july, i think it was. june or july. one in april.

one in june on our consulate there. one of which blew a 40-foot hole in the wall that surrounded the consulate. all of this is relevant because it's something our government knew about the growing threat in libya prior to the attack that took the lives of four americans and it raises questions about whether they should have known from the first instance that this was most likely a terrorist attack by these groups they had been highlighting for so long in advance, groups they had not adequately planned to protect our ambassador from. we'll learn more when james rosen joins us in a just a bit. another fox news alert. this time from the key pattle ground states as the countdown begins to election day. we are 18 days away from knowing who the next president of the united states will be. we are 72 hours from the third and final presidential debate which will make so much difference in this election.

today the state of the race became just a bit clearer as rasmussen reports releases a series of battle grounds polls taken after tuesday night's debate. first up missouri, the new poll shows governor romney with a big lead in that state. you can see the numbers. 54-43. it was just a 3-point lead that the governor had over president obama in missouri. now you can see 11-point lead for the governor in that state. take a look at florida. similar story. governor romney leads the president with 51% to the president's 46%. a 5-point lead in a state in which rasmussen had a 4-point lead earlier in october which was neck and neck. in virginia. 50% for governor romney. the path trailing with 47%.

joining me now, scott rasmussen of ross musen reports. what do those numbers tell us about the impact of the presidential debate in hempstead, long island. >> mitt romney had a big gain after that first debate. the president had a much better performance in the second debate in long island but it look like all he managed to do was stop the bleeding. the numbers are not shifting back in his direction, they are holding steady. the fact that florida and virginia -- richmond any increased his lead in each of those states is indicative of a very close race. we see the same in some other battleground states. megyn: mitt romney needs florida and north carolina and virginia to win the presidency. what he really needs is ohio. you are continuing to show that race neck and neck. >> barack obama up a point before the last debate. up a point after the last

debate. a 1-point race is too close to call. there will be a lot of emphasis on the ground game. ohio is the state that he has to win. if mitt romney wins florida and virginia and not ohio -- megyn: karl rove was saying there are 7 ways he can win the presidency without ohio, but ohio makes it so much easier for mitt romney. that's assuming president obama wins pennsylvania. do you believe pennsylvania is in play? >> it's getting closer. but we still show it leaning in president obama's direction. megyn: 49-48. last week it was -- it's 1-points. and we have been covering ohio in all these weeks and months. i have yet to see -- i have yet to see a poll even if it's 1 point that shows romney leading obama in that state. am i wrong?

>> i don't know of one. there may have been along the way but not in our polls. it's a very close race. on balance you are looking at a situation where there is more evidence of a lean in president obama's direction than mitt romney's direction. governor romney needs to find a way to change that in the next couple weeks. megyn: i realize team romney would say we were 10 points down before that first presidential debate. i remember the nbc political director was sending out questions about whether romney should pull out of ohio all together if things did not go well for him in that first debate. they are neck and neck. i know i'm focused on ohio, but it's the linchpin to this election say many experts. what typically happens on election day when a race is that tight among the undecideds when they go into the polling booth. >> you have got to start with a different question. the voting already started in ohio. people are getting out to vote right now. they started when the first

debate took place and we'll be seeing in the next week or two reports of which party is getting more of their voters to the polls. when you get to the last few uncommitted voters, we don't know about ohio but nationally these are people who are not impressed with president obama. they don't think mitt romney will necessarily be any better. so what goes through their minds, first all it will be a decision about whether to show up and vote. between now and then there will be a tremendous effort by both parties to get people to cast their ballots before election day and to show up on election day. megyn: it's amazing what a difference that first debate made. scott rasmussen, thank you, sir. megyn: we are getting reaction to challenging jobs numbers in ohio. the labor department reported the state of ohio lost 12,800 jobs and that's the second

biggest jobs drop in the country for september after michigan. senator rob portman says the loss of 12,800 jobs shows the obama economy is not performing where it needs to be. it shows many jobless ohioans have given up hope. he is a surrogate for the romney campaign as well. on the campaign trail, president obama appears to be now structuring a campaign trail message and media schedule that seems focused on social issues and seems to steer clear of two other item that recently caused him some troubles. ed henry has an update at the white house. >> reporter: the economy, anybody yeah have been subjects that have difficult for the president. he's hitting social issues harder now. he unveiled a new line, something he called romesia

saying mitt romney is forgetting his old positions. he did this in battleground virginia. some of these polls show the president slipping in some of the battlegrounds, particularly among women. so the president was appearing with a lot of women behind him and made this case. >> i'm not a medical doctor but do i want to go over some of the symptoms with you. because i want to make sure nobody else catches it. it's -- you know, if you say you are for equal pay for equal work, but you keep refusing to say whether you would sign a bill that protects equal pay for equal work you might have romnesia. >> reporter: the romney camp fired back that women do not have amnesia when it comes to the nation's economic woes.

the commonwealth of virginia, she says women haven't forgotten how we have suffers the last four gleerts obama economy with higher tax, higher unemployment and record levels of poverty. when you don't have a plan to run on you stoop to scare tactics. that from the romney surrogate barbara comstock. take a look at fox news polling. it's been dipping. early september. he had a 14-points edge over mitt romney. 53-39. then more recently. only an 8-point edge for the president. 49-41 over mitt romney. this battle we have known all along is partly a battle over demographics. mitt romney has a big edge among male voters and the montana enjoyed a big edge among female voters. the more mitt romney chips into the president's edge among female voters it gives him a

better chance to flip some of these battlegrounds in his favor. the president is using social issues to turn out his base among women. mitt romney firing back that it's the economy women care about. megyn: before i let you go, they decided rather than running on romney the flip-flopper, they would paint him as the severely conservative candidate because they were worried if they talked about how he had more moderate positions earlier that that would appeal to some women and win over some of the independents to romney's side and now there seems to be a shift in that strategy. >> reporter: the obama camp was infuriated by the president's lack of performs answer in denver in part because mitt romney beat him to the punch and moved to the middle on some of these issues and that led the obama camp to say he's masquerading himself. and it infuriated his own camp.

megyn: when the two candidates meet for the final debate we'll be there. "america live" broadcasting live from boca raton, florida. this is the last time our special election team will be together covering this big event for you before the big night, november 6. will this be a game changer? foreign policy, the two men in the same format we saw in the first debate. mono to mono, but this time they will be sitting with jim scheiffer. new fallout for lance armstrong. a london paper now threatening legal action against the cyclist for -- he won a lawsuit against them after they accused him of doping. now they say we want our money back. we settled this with you and it turns out according to these

authorities you were doping all along. one of the country's top political writers asking if the aggressive style and personal attacks will become the new normal in our presidential matchups. at 33 years old, i was having a heart attack. now i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. i didn't know this could happen so young. take control, talk to your doctor. till you finish your vegetables. [ clock ticking ] [ male announcer ] there's a better way... v8 v-fusion. vegetable nutrition they need, fruit taste they love. could've had a v8. or...try kids boxes!

so, which supeast 4g lte service would yochoose, based on this chart ? don't rush into it, i'm not looking for the fastest answer. obviously verizon. okay, i have a different chart. going that way, does that make a difference ? look at verizon. it's so much more than the other ones. so what if we just changed the format altogether ? isn't that the exact same thing ? it's pretty clear. still sticking with verizon. verizon. more 4g lte coverage than all other networks combined.

>> governor romney says he's got a 5-point plan. he doesn't have a 5-point plan. he has a 1-point plan. that plan is to make sure folks at top play by a different set of rules. you can shift jobs overseas and get tax breaks for it. you can invest in a company bankrupt, lay off workers, strip away their pensions and you still make money. megyn: the "wall street journal's" peggy noonan asking if the new attacks will become

the new normal in presidential matchups. joining me to discuss it. joe trippi. he managed howard dean's campaign and pete snyder. joe, she says the president was trying to look strong and commanding. did he look strong or did he look like a hack. that's what she asks. >> i think it's a fine line. she raises a good point. but the problem here is you have got to be tough in this environment. one to turn your base out which is what both candidates are doing and to raise the negative issues you want to raise in these debates. they are all high stakes. monday it will be another donnybrook, i think. but you can't do it in a way that repels people at home, particularly women, that's a group both campaigns wanted. they are walk an edge. so far -- by the way, the one thing i would say about romney and obama is neither one of them

has that thing where anger sort of exudes from them. i think both joe biden and paul ryan might be able to step over the line i'm not sure either romney or obama are prone to do it. megyn: she talks about how you never would have seen this from j.f.k., jerry ford or the bushes. she said you keep an aesthetic distance. you know the height of the office you hold. is that what president obama was trying to do? >> i don't think so at all. i aparole juice for laughing like joe biden. i agree with everything joe trippi said. the president lives in this bubble where he rarely talks to the media and if he does they are on his terms with softball "the view" type questions an has been put on this pedestal.

his ego we all know is massive and big as chicago where he's from. megyn: so unusual in a president. >> i think he slept walked through the whole thing. he has such disdain for governor romney he those didn't have to work for this. megyn: i want to ways another points. charles krauthammer raised a separate point about the debate. that moment on libya where candy crowley jumped in and president obama expressed offense that anybody would question the motivations of the administration in the changing stories. that he says is a huge gaffe and it will prove expensive in monday night's debate when there is a longer time and more robust discussion on the issue. >> i think the libya debate was short-circuited to some extent the way because of the way candy crowley interjected and threw

the flag in there. she has since readjusted what she meant by that. but charles is right that we are going to have 90 minutes where they are both going to go toe to toe on that issue. i would not under estimate the president's ability to win that debate nor that romney won't be able to get to his points. if bob scheiffer who is the moderator, i worked for him for a couple years at cbs. i know him well. i think he will let them have it out on this one and push it in the right direction. megyn: the presidential debate commission was pleased with the way jim lehrer did the, just stayed out of the way. there are questions whether the president scored points on libya in an abbreviated change this week and whether that might change when they have a longer more meaningful discussion about it monday.

>> i think in the moment the president probably won because candy crowley threw the flag and inserted herself in the debate. he may have won in that second. but the problem is everyone for days is talking about, one, the president was wrong on that issue, and candy crowley's behavior, three, that she was wrong and had to back track it. now we have coming from fox news newfound wires from the libyan ambassador killed by terrorists talking about security needs. this issue is not going to go away and it's becoming a major problem for the obama administration. you really tie that into the blame game that happened -- that's happening on all economic issues. i think this is where everything craters. megyn: peggy noonan says president obama may have won the

debate but he hasn't won the post-debates. joe, i'll see you monday night. it's been three years since theo fort hood massacre. ss. but how am i going to fund it? and i have to find a way to manage my cash flow better. [ female announcer ] our wells fargo bankers are here to listen, offer guidance and provide you with options tailored to your business. we've loaned more money to small businesses than any other bank for ten years running. so come talk to us to see how we can help. wells fargo. together we'll go far. every room deserves to look us what our great.te color is? and every footstep should tell us we made the right decision. so when we can feel our way through the newest, softest, and most colorful options... ...across every possible price range... ...our budgets won't be picking the style.

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megyn: just a week ago the wife of one of the fort hood shooting victims was on this show talking about a tragedy "america live" has been following from the beginning. major nadal hassan opened fire killing 13 people and wounding dozens more. now that young woman organized a group of families who want the government to declare that rampage a terrorist attack instead of workplace violence. >> reporter: this was the mass shooting in american history at

a u.s. military installation. major nadal hassan accused of walk into a medical building at fort hood and opening fire on his fellow soldiers in 2009. the army psychiatrist reportedly yelled god is great in arabic as the shots range out. three years of investigations have revealed hassan has become an islamic ex trievment and had up to 20 e-mail exchanges with anwithal-awlaki. it would make the victims emjibl for benefits and even purple hearts. this brand-new video is asking lawmakers and the department of defense to call this what it was. >> it's not workplace violence.

that's terrorism. and i pray every night that somebody, somebody will finally care enough to make it what it really is. >> reporter: no response from the feds on this video. meantime hassan has not yet gone to trial because of his beard. the 42-year-old claims he grew it because his muslim faith requires it. but he's still in the military and it is against code of conduct and he must shave it before the military court proceedings can begin. just yesterday an army appeals court ruled hassan can have his beard forcibly shaved to get the wheels of justice finally turning. his attorneys are appealing it. megyn: almost a decade ago a group of journalists reported on the possibility that lance armstrong could be doping. then the cyclist sued.

they settled on terms reportedly favorable to mr. arm strong. now those journalists want to know where they can go for their reputations and their money. and in the wake of a terror attack that led to the murder of four americans in libya on 9/11. president obama made a number of on the lighter side media appearances. dana perino on the optics of this. plus her reaction to the president still leaking an anti-islamic film to the attack a week after the attack on letter maine. >> it's an extremely video directed at mohammad and islam extremists and terrorists use this as an excuse to attack a variety of our embassies, including the consulate in libya. my doctor told me calcium is efficiently absorbed in small continuous amounts.

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megyn: fox news alert on new details just break about the security situation in libya in the weeks and months before the terror attack in benghazi that took the lives of four americans. we have our hands on a pile of state department documents showing u.s. ambassador chris stevens was increasingly worried about security threats in the weeks before he and the three other americans were murdered on 9/11 of this year.

the document show the ambassador was not the only one extremely concerned and detail the number of times increased security was denied. repeatedly to those who were on the ground in benghazi. chief washington correspondent james rosen has the breaking details. he just filed a 3-page report for us that is jaw dropping. >> reporter: two republican lawmakers who have been among the most vocal critics of the administration released 166 pages of unclassified state department documents from 2011 and this year. they show in a cable to his superiors that he wrote on the day he died this past september 11 and labeled sensitive, u.s. ambassador to libya chris stevens noted growing problems with security in benghazi and growing frustration on the part of local residents with libyan police and security forces. these forces the ambassador characterized as to weak to keep the country secure.

that was on the day he died. the documents include regional security officers and state department personnel stationed in libya complaining about the frequent denials by the state department for enhanced security measures in benghazi. one official saying he had begun to sounds like a broken record. but the mission's ability to develop intel was suffering because of the short staffing of security personnel. august 8 ambassador stevens wrote a cable even timed "the guns of august" where he noted benghazi has moved from violence to step days and back. the individual incidents have been organized. islamic extremists attack the red cross with relative impunity. what we have seen are not random crimes of opportunity but rather targeted and discriminate attacks. that followed a cable that stevens sent 44 days earlier in

which he wrote, islamic extremism appears to be on the right in eastern libya. the al qaeda flag has been spotted several times flying over government building and training to sits. until the government of libya is able to deal with these issues the violence is likely to worsen. president obama vowed to hunt down the killers. the president said in his interview are jon stewart, every piece of information what he got as we got it we laid out to the american people. these facts were laid out today as i say by two republican congressmen. megyn? megyn: thank you. joining me now dana perino who is cohost of "the five." dana, let's just -- security. this is ambassador stevens, his aids and others on the grounds.

there is a security vacuum. they are getting their hands on rpgs, on military-grade weapons. they have easy access to them. the department of state is hesitant to devote enough resource. this is severely hampering operations. we'll be down to two agents as of tomorrow. they continue to deny requests to send more men. warnings kept coming in saying isaying -- saying islamic extremism is worsening. send more people. the same day ambassador stevens was begging for more help he was murdered along with three others. that's what happened here. what does that mean in the greater contexts of this country's questions about our security, our intel, and our political leadership? >> and our priorities. also how we talk of it to one another about these things coming after this.

i'm stunned by these documents. i figured there were probably some documents. i had no idea it would be like this. if i were the press secretary now i would be chagrined to say the least. i think they should figure out a way to call in everybody to the meeting at the white house from all the different areas and get to the bottom of this and have one press conference with everybody sitting there at the table so they can be asked questions. what's happening now is in the wake of these documents starting to come out. because they probably knew they were coming. all across the administration they are shutting it down in terms of answering any questions about it. the campaign is finally taking advice. their goal is to starve this story of oxygen to make sure nobody covers it. the problem is a big one and we all share the. now we know that eight wasn't just on the day he died he asked for more help. it was 30 days before. 44 days before. leading up to the attack on september 11, which was the

anniversary and then the administration has yet to explain why they blamed an obscure video and arrested an american citizen for exercising his first amendment rights and their instincts weren't to know, oh, my gosh, they have been asking for more help and we didn't provide sit. megyn: access to rpgs that were used in the attack. >> there was an american citizen who took the blame for these four deaths for a couple of weeks. megyn: got it who made the film. >> the egyptian coptic christian who is here in america. they perp walked him in the middle of the night for a probation violation when he had nothing to do with it. now, you find these document backed it up. i'm not suggesting someone ought to resign. but somebody ought to forget the campaign and govern and lead and get the american taxpayers what they deserve. if we have paid this much money in treasure and lives lost in

the wars to try to get a better apparatus on intel and sharing information, then at least we have a right to know how did we get this so wrong? megyn: we had the vice president testify at the vice presidential debate, we didn't know about it. barack obama and i didn't know about the he hands for increased security. these documents lay out the number of requests -- it was near begging they were saying give us -- we need more. >> i could see where that could be true that the president and vice president did not see these specific cables. i don't think that would have happened in the bush white house because people were very hands on. but i can see where that could happen. but that doesn't explain when they knew the intelligence they had was wrong. president obama says when they got the information they provided it. if you look at the information that's been released that can't possibly be true. megyn: is it time for a

presidential press conference where he can come out and answer what he knows, what they knew? that can put an end to this kind of thing. giver the american people the chance to size up the president and his testimonial, this is what we knew. whatever the explanation is as opposed to with all due respect, sitting down with a comedian on comedy central who is very entertaining but not a journalist, not the white house press corps. >> i never thought they should have announced that interview with jon stewart beforehand. i'm sure he wanted to get on the show one more time. i love the show, too. but when it comes to presidential leadership and governing. i think they should have waited and made a game day decision on whether to do that interview. it's coming back to haunt them. and for good reason. james rosen's report is very sobering. and shocking. and i'm very sad for the victims of the attacks.

megyn: when you see these cables labeled sensitive warning about the security vacuum. how independent actors are exploiting it. they are unlikely to deterred until the authorities are at least as capable. >> i don't think the white house should wait until monday night for the debate on foreign policy. they tried to get ahead of this on the first sunday after the attacks when they put ambassador susan rice out on the sunday shows who says something that turns out not to be true. we haven't seen her. clearp, petraeus. where is everybody? they have all gone into hiding. they let the campaign and it. wrong decision. that made it too political. the president should have a press conference, possibly. have the president come out, call a white house press conference. say look i understand why you are asking questions, i ask questions, too. i called all these people into my office today and we had a

sitdown and i'm going to step aside and let them answer your questions and they won't stop until you are finished and satisfied. that would be a tactic they could try. it would be risky but it would be the right thing to do as a leader and might be the best thing they can do to stop the negative talk that will happen as the result of these documents. megyn: they will talk about it monday night. >> some of the mainstream media this morning said voters don't care about this. forget voters. every taxpayer, everyone in america who has contributed to the effort to improve our intel system deserves better answers than what they have gone the so far. megyn: it happened at an american consulate. how safe are we at home. how safe are our other ambassadors in foreign countries on what's considered american soil at their consulates and embassy. see you tonight on "the five." taking your thoughts on it.

follow me on twitter and let me know what you think. almost a decade ago a group of journalists reported on the possibility that lance armstrong could be doping. he was so outraged that he sued. and they settled. on pretty good terms according to them. now they want to know if they can get their money back. or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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paper and two of its journalists over an article in 2004 regarding allegations of doping that were printed against him. that dispute we are told ended with arm strong receiving an undisclosed financial settlement and apology from the sunday times. accordingly the case cost the newspaper around $1 million. last week the united states anti-doping agency released a 1,000-page report detailing what it said was arm strong's lengthy scheme that included his own doping and encouragement of other teammates doping and saying his entire history has been a massive fraud. arm strong had no comment on the latest legal threat. but here to skits. david wahl and jonna spilbor. if you are the london sunday "times" and you paid cash out to

him and you paid cash out to him, you have got to think they will pursue that. >> they settled this agreement after several rulings by lower courts that went against the "times." but these contracts are generally airtight. every i * is dotted and every "t" is crossed. with the exception of fraud. they are saying all along he was engaging in a doping culture. 26 people in total. th have lab results and financial documents. they have everything they need to prove beyond any doubt that he was engaged in doping. they are saying this whole settlement and some reports put it at $1 million. was a fraud. megyn: that the case cost the newspaper about a million dollars. i don't know if that means they settled for a million or it cost a million in legal fees.

if they can prove he was doping and what they printed was totally true, can they get the money back? >> the key question is can they profit? all the evidence they claim to have had that proves he was doping is the same evidence the feds had when they closed the case without charging him. megyn: the criminal case has a higher burden of proof. >> but they have the same evidence. so the paper is going to have to prove that what they actually printed was true. it will take a while to get there. just because there is a 1,000-page report which sounds extreme, doesn't mean they will be able to prove at the time they printed the article that it was actually true. megyn: maybe they can prove the guy was doping. 11 teammates and 26 witnesses saying he was doping. can they prove he was doping at

the exact time the "sunday times" said he was? >> all the witnesses say so including this teammates. jonna points out the u.s. attorney dropped the charges. they could reinstitute this. this is a civil case. and the standard of proof is much, much lower. this is about 99% given the overwhelming evidence that they have here. i think there is no doubt about it. he can prove he entered into this agreement fraudulently and got a million dollars from them. they want it back and if it is fraud they can get attorney's fees and costs. they are saying show us the money. megyn: they had to issue a public apology. i think you can make an argument that you can sue for more for their own reputation damage for being forced to issue an apology for a report that if they can prove it wash was right all

along. we'll pick up on that point right after the break.

megyn: could the newspaper potentially win back not just the money they paid out, but damage to their own reputation? >> if they can prove it. another paper successfully sued for the same thing. they issued an apology and wrote an article about somebody who eventually turned out committed fraud. but in that case it wasn't an an athlete, it was against an author. in that case the author was found guilty of the fraud. it would make the paper's job easier. in this case we have no admission by arm strong, no criminal charges and no dirty test historically. megyn: there is also a report

today that apparently there is an insurance company named s.c.a. and they paid out $12 million in bonus money to arm strong for four of his 7 tour de france victories. i guess that's the way it works. and there is a question about whether they are going to sue arm strong to get the prize money back because the titles have been taken away. >> under the same cause of action. fraud. absolutely. insurance fraud is a highly actionable cause of action. if it turns out they can prove and these reports show under every single one of those circumstances he was engaged in doping and they have the testimony that says so, and they have the document and lab tests. they can sue to get back the money they gave him. megyn: jonna, wouldn't you be advising your insurance company

client to do that? >> i would examine that contract. if they don't have a provision in there that says if you ever get stripped you have to give the money back, then shame on the insurance company. >> fraud beats all that. megyn: it's as if the win never happened. >> arm strong says the aba doesn't have the right to strip him a title. he could be fighting everybody. could he face perjury charges? if he lied in the 2004 lawsuit? he could be facing perjury charges. >> that could reopen the federal investigation. megyn: remember what our parents taught us. cheaters never prosper. it has been 3 1/2 years since the last deadly airline crash and a prominent safety activist says that could mean more dane glert skies. we'll explain. ♪

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